Iain Gray: The SNP is no longer so free with information

THE Nationalists have become increasingly reluctant to comply with FOI requests since they came to power

Ten years ago, almost to the day, Holyrood passed the Freedom of Information (Scotland) Act 2002. There was much self-congratulation as we ushered in a new era of openness and transparency, with legislation much stronger than the Westminster version. Robert Brown, for the Liberal Democrats, was moved to describe the new legislation as “a major blast through the corridors of power”. Only the Tories demurred, dismissing this revolution as “a costly experiment in tinkering”.

I played a small part in this when, as deputy justice minister in 2001, I launched the bill and called it “the right bill at the right time”.

We soon discovered that Robert Brown was right. Journalists and the SNP opposition pursued any and every document they could think of using the new legislation.

Years later, when I became Labour leader, they were still pursuing every aspect of my former lives as minister and special adviser using FOI requests. Fair play to them, because it was the right bill and that is what it was for.

By 2008, the SNP was in government and Bruce Crawford, as minister for parliamentary business, was acknowledging its debt to FOI. He said: “Our experience in opposition gave us an insight into how FOI was working.”

Mr Crawford then went on to say: “We have taken that insight into government and brought with us an approach that considers how much information can we make available rather than ‘what do we have to do to comply with our statutory obligations’.”

The truth is that the longer the SNP has been in government, the less its enthusiasm for freedom of information. When Mr Crawford spoke those words, he went on to suggest that the Scottish Government would strengthen the act, widening its scope to include public-private contracts, local authority arm’s-length trusts and housing associations. In opposition the SNP had argued strongly that private contractors doing public work should be included. Although they were not, the then Scottish Executive made clear that the legislation might well have to be strengthened, especially on the recommendation of the Information Commissioner.

Months turned to years, with no sign of new FOI legislation. Finally, in January 2011, Mr Crawford announced there would be minor changes to the legislation, but no extension of cover. The commissioner was furious, and campaigners said Scotland was now less open than England, where cover is being extended.

Worse still, within three months SNP ministers were engaged in the most egregious attempt Scotland has ever seen to avoid FOI. A newspaper had asked to see documents calculating the cost to Scottish households of a local income tax. Ministers claimed an exemption, but were ordered by the commissioner to release the documents. Days before the Scottish Parliament election, SNP ministers ordered a court challenge, knowing they would lose, but also knowing that the election would be over before the court ruled.

Sure enough, after the election the challenge was dropped. The documents showed that Scottish ministers had misled voters about what their tax plans would cost families, and had been less than honest about their reasons for dropping the idea. Critics of the plans had been right all along. Further FOI requests discovered that senior ministers including the First Minister had been directly involved in thwarting FOI, against official advice, at the taxpayer’s expense, and in the middle of an election campaign.

This may be the worst example of FOI avoidance, but it is not the only one. When Alex Salmond’s two-question referendum was criticised by academic Matt Qvortrup, the First Minister was caught out reading a statement purporting to come from the professor but actually written by his spin-doctor. An FOI request elicited e-mails which appeared to show that Mr Qvortrup had agreed to the text drafted in his name.

Then, on 21 December, as MSPs and journalists headed off for Christmas, further e-mails putting a different complexion on matters were sneaked out with no credible explanation for their previous absence. Better late than never but, in reality, compliance delayed was compliance dodged.

Now we have SNP ministers ducking and diving to avoid releasing communications with bus tycoon Brian Souter, a major SNP donor and Scottish Government nominee for a knighthood. This request has been refused three times for three different reasons. First, it was claimed that Buckingham Palace had objected. Then it was that the request did not clearly identify the information required. The Information Commissioner ruled that SNP ministers had failed to comply with the law, again. Undaunted, they refused the request on grounds of cost – the third different reason.

Given the topicality of whether major donors can expect influence over policy, given persistent suspicion over the SNP’s sudden U-turn on bus regulation in 2007, and given the efforts made to avoid the release of this information, it is impossible not to ask what is being hidden. Sunlight would surely be the best disinfectant here.

This is a long way from the heady days of 2008 when Mr Crawford boasted that he would publish ministers’ engagements proactively as a sign of openness. The First Minister was caught avoiding that too this week, when it transpired that lottery winners Chris and Colin Weir had been guests at Bute House days before they handed over a £1 million donation. Because their visit did not involve dinner, it did not appear on Mr Salmond’s list of engagements. Which is convenient, because people might think that the First Minister was using his official residence to solicit party donations.

The last word goes to that Bruce Crawford of 2008: “The people of Scotland deserve an open government.” They do, Bruce, and this SNP government is not it.

• Iain Gray is the Labour MSP for East Lothian